A San Bernardino police officer will not be charged with shooting and killing a mentally disturbed man who was swinging a piece of wood. Family members claim the officer shot him because he is a minority, a claim which prosecutors dismissed in a report released Tuesday.

Penimina Sue’s sister called 911 on March 18 and reportedly told dispatchers that her 48-year-old Samoan brother was acting “really dangerous” and threatening to kill his family. She then pleaded with them to send police quickly: “We need help right away,” her voice can be heard saying on a recording.

Officer Johnathan Manly knocked on the front door of the home at 9 p.m., Sue’s sister led him around to the back of the house where the officer could see somebody sitting on a couch in the dark.

Manly watched as the sister said something to Sue, which he could not hear. Sue allegedly threw something in his hands to the ground and then “jumped up, started screaming and waiving his arms around and advanced on the officer,” according to an eight-page report that clears the officer of wrongdoing in the shooting.

When Sue continued moving forward, Manly pulled out his taser gun and discharged it. From 10 feet away, the darts lodged in Sue’s chest but appeared to have no effect.

Sue then picked up a 2x4x8 board and turned toward his sister before raising the board above his head, “holding it like an axe,” and walking toward the officer, prosecutors said.

Manly said he felt threatened and pulled out his baton but quickly realized that it “would be next to useless” against Sue, who was 6-feet tall and weighed 269 pounds. Sue allegedly backed the officer toward a gate, along a wall and onto the lawn.

Manly fired his department-issued .45 caliber semi-automatic gun as Sue advanced, hitting him four times in the head, chest and stomach.

Sue’s sister later told investigators that she didn’t see her brother holding the board over his head or swinging it at the officer. She claims Sue was shot because he is a minority.

A toxicology report showed no alcohol or street drugs in Sue’s body, but showed trace amounts of a medication used to treat adults suffering from bipolar disorder and/or schizophrenia.

Prosecutors ruled Manly’s shooting because the threat was “distinct, direct and imminent.”

“Though not required, the officer gave ground and, also not required by law, tried to employ less than lethal means to defind himself and in turn not seriously injure Mr. Sue,” according to the report.

Sue’s sister claim that the shooting was racially motivated was dismissed by prosecutors.

“The evidence rejects the allegation that the officer was motivated by prejudice against Mr. Sue,” prosecutors said.

They listed Manly’s retreat and use of a taser as evidence that the officer only shot Sue when he ran out of other means to restrain him.